In C1-8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts,
and in certain special districts as specified in the
provisions of such special district, the Board of Standards
and Appeals may permit #physical culture or health
establishments# as defined in Section 12-10, including
gymnasiums (not permitted under Use Group 9) or massage
establishments other than #adult physical culture
establishments#, for a term not to exceed ten years,
provided the following findings are made:

that such #use# is so located as not to impair the
essential character or the future use or development of
the surrounding area; and

that such #use# contains:

one or more of the following regulation size
sports facilities: handball courts, basketball
courts, squash courts, paddleball courts,
racketball courts, tennis courts; or

facilities for the practice of massage by New
York State licensed masseurs or masseuses.

Therapeutic or relaxation services may be provided only
as #accessory# to programmed facilities as described in
paragraphs (a)(2)(i) through (a)(2)(iv) of this
Section.

In C4-7, C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-
8 or C6-9 Districts, the Board may permit #physical culture
or health establishments# located on the roof of a
#commercial building# or the #commercial# portion of a
#mixed building#, provided the following additional findings
are made:

that such #use# shall be an incidental part of a
permitted #physical culture or health establishment#
located within the same #commercial# or #mixed
building#;

that such #use# shall be open and unobstructed to the
sky;

that such #use# shall be located on a roof not less
than 23 feet above #curb level#;

that the application for such #use# shall be made
jointly by the owner of the #building# and the operator
of such #physical culture or health establishment#; and

that the Board shall prescribe appropriate controls to
minimize adverse impacts on the surrounding area,
including but not limited to, requirements for the
location, size and types of signs, limitations on the
manner and/or hours of operation, shielding of
floodlights, adequate screening, and the control of
undue noise including the amplification of sound, music
or voices.

No special permit shall be issued pursuant to this Section
unless:

the Board shall have referred the application to the
Department of Investigation for a background check of
the owner, operator and all principals having an
interest in any application filed under a partnership
or corporate name and shall have received a report from
the Department of Investigation which the Board shall
determine to be satisfactory; and

the Board, in any resolution granting a special permit,
shall have specified how each of the findings required
by this Section are made.

The Board shall retain the right to revoke the special permit, at
any time, if it determines that the nature or manner of operation
of the permitted #use# has been altered from that authorized.

The Board may prescribe appropriate conditions and safeguards
including location of #signs# and limitations on the manner
and/or hours of operation in order to minimize adverse effects on
the character of the surrounding community.